King v. Todd
New York Court of Common Pleas
Two actions, one by Ellen King, and the other by John C. King, against Robert W. Todd, as temporary administrator, etc. Plaintiffs move for costs against defendant.
1Opinion of the CourtBookstaver, J.
The question in this case is whether the plaintiffs, who prevailed in their respective actions, should have costs or not. Sections 1835 and 1836 of the Code provide that costs shall not be awarded against an executor or administrator except upon the two following conditions, which must concur: (1) plaintiff’s demand must be presented within the time limited by the published notice requiring creditors to present their claims; and (2) the payment of the claim has been unreasonably resisted, or that the defendant has refused to refer. In my judgment, the plaintiffs have met neither of these…
2Cases cited2 opinions
- Greene v. DayNew York Surrogate's Court · 1882
- Clarkson v. RootNew York Supreme Court · 1887
3Cited by3 opinions
- Niles v. CrockerNew York Supreme Court · 1895
- In re the Estate of MortonNew York Surrogate's Court · 1894
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887